Supreme Court of India
Food Corporation Of India vs Bihar State Agricultural Market Board ... on 20 January, 2000
Equivalent citations: JT2000(4)SC232, (2002)9SCC452, AIR 2000 SUPREME COURT 3493, 2002 (9) SCC 452, 2000 AIR SCW 2329, (2000) 4 JT 232 (SC), 2000 (4) JT 232
Author: B.N. Kirpal
Bench: B.N. Kirpal, M.B. Shah
JUDGMENT B.N. Kirpal, J.
Civil Appeal No. 2110 of 1989
1. The question involved in this case is whether on levy sugar which is sold by the appellant market fee is payable or not. This matter stands concluded in favour of the appellant by a Constitution Bench judgment of this Court in The Belsund Sugar Co. Ltd. v. The State of Bihar and Ors. etc. JT 1999(4) SC 422 . The appeal is, accordingly, allowed. No costs.
2. This order, as it had been done in The Belsund Sugar Co. Ltd. (supra), will be effective prospectively and no refund of fee would be payable by the respondents to the appellant nor any further fee will be payable to the respondents by the appellant. Criminal Appeal Nos. 70, 71 and 72 of 2000
3. Delay condoned.
4. Special leave granted.
5. The prosecution which has been initiated against the appellants is quashed in view of the decision of a Constitution Bench in The Belsund Sugar Co. Ltd. v. The State of Bihar and Ors. etc. JT 1999(4) SC 422.
6. The appeals are, accordingly, allowed.
7. No costs.